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Draft Supplemental Environmental Impact Report Page IV.F-36 Forward Inc. Landfill 2018 Expansion Project Mitigation Measure F.Sb. Any observations of Swainson's hawk, Golden eagle, white-tailed • kite, burrowing owl, loggerhead shrike and/or California horned lark during the falconry • program shall be recorded and monitored by the falconer. If any interactions (i.e. chasing) between the trained falcons and Swainson's hawks or other special status bird species are observed, this shall be documented and reported to the USFWS Migratory Bird Treaty Office • and CDFW within 48 hours of occurrence. Appropriate additional measures to avoid impacts to • special status birds shall be determined through consultation with the USFWS Migratory Bird Treaty Office and CDFW. These mitigation measures would reduce potential impacts to the Swainson's hawk, Golden • eagle, white-tailed kite, burrowing owl, loggerhead shrike, tricolored blackbird, and/or . California horned lark to less than significant levels because impacts to nesting birds would be avoided. Impact F.6. Impacts to Migratory Bird Species. Pursuant to the MBTA, it is unlawful at any time, by any means or in any manner to pursue, hunt, take, capture, kill, attempt to take, • capture, or kill any migratory bird, any part, nest,or eggs of any such bird is defined as"take". Construction-related activities could result in direct mortalities of bird species protected under the MBTA. This is a potentially significant impact. • In addition, implementation of bird control program described in the Land Use section,the periodic use of trained falcons to chase away seagulls could inhibit nesting and foraging activities of Swainson's hawk, golden eagle, white-tailed kite,burrowing owl, loggerhead shrike and/or California horned lark. The individual Swainson's hawks and other special status bird • species that pass over or near the landfill are not expected to be affected by the control program because the active landfill does not support suitable habitat for these species, and the trained falcons are trained to focus on gulls and do not chase other bird species. In the rare instance that a trained falcon is observed to chase a Swainson's hawk or other special status bird species, this . could result in a direct or indirect impact. Because of the likely infrequent occurrence of this • potential conflict and because the falcon handler would monitor the birds to avoid this conflict, this impact is considered less than significant. Mitigation Measure F.6. Preconstruction surveys, consistent with the MBTA and the SJMSCP, shall be conducted for nesting birds during the nesting season(i.e., February 1 —September 1). Appropriate measures to avoid impacts to nesting birds shall be determined through consultation with the USFWS Migratory Bird Treaty Office and CDFW. This mitigation measure would reduce these potential impacts to less than significant levels because impacts to • nesting birds would be avoided. • Impact F.7. Temporary Impacts to Foraging Special-status Bat Species. No active bat roosts are expected to occur within the project footprint. The project does not include the removal of • trees,but several buildings would be removed from the existing composting facility. However, these buildings are not expected to support an active bat roost because they are actively used and are subject to high baseline noise conditions from ongoing landfill operations. Although no bat roost are expected to occur, species such as pale big-eared bat, California mastiff bat, western red bat, small-footed myotis, long-eared myotis, fringed myotis, and long-legged